china’s evolving participation in the global ip …...china explicitly understands this dynamic...
TRANSCRIPT
China’s Evolving Participation in the
Global IP Ecosystem
Keith Bergelt
Chief Executive Officer [email protected]
Every Electronic Touch
Today is Linux/Open Source
Software Enabled
A New Global Dynamic Ushered in by Open Source
Software
Open Source is Changing the Way We Invent &
China Explicitly Understands This Dynamic
Contributor Diversity
Drives Inventiveness
Collaborative and
Global v. Silo’d &
Not Bounded by
Borders
Software is
Rising
Higher Levels
of Innovation
Result
THE HOW of Open Source Development -
The Linux Foundation & Project-based Collaboration
Co-opetition in Software & Hardware is Embodied in the Open
Source Modality -
Leading to a New Understanding of Software Patent Filing Strategy
Higher-intensity and Faster-paced Innovation Cycles - Invention, Adoption,
Augmentation/Contribution and Reuse
Require Leveraging the Distilled Collective Intelligence of Global Inventors - Internal
Corporate Rethinking of Decisions as to what is Patented v. Opened
Emerging understanding that low in
the stack “core” technology is best
opened and patent filing is reserved for
high in the stack, largely application
layer functionality.
5
Co-opetition & the Relevance of IP in an Open and
Closed World
6
and
❖ The advent of Co-opetition and Collaborative Development Embodied in Open Source Software
Development DOES NOT signal a demise of intellectual property.
❖ Participation in the new economy of technology development requires that we manage a form of practiced
duality in terms of IP strategy and that we look to community solutions for patent risk mitigation.
Leading Community-Based Patent Non-
Aggression Initiatives
7
OIN PATENT NON-AGGRESSION COMMUNITY
Funding Members
❖ Established in 2005
❖ Google Full/Funding
Membership in 2013
❖ Toyota Full/Funding
Membership in 2016
How have we evolved?
8
/
The “Linux System” definition comprises core software packages from various open source projects which,
taken together, provide the scope of the cross-license obligation to which each community member commits.
A complete and current listing of Linux System packages
is available on our website under the Joining OIN tab.
~3,200
CROSS LICENSE POOL LINUX SYSTEM OIN PATENT PORTFOLIO
COMMUNITY MEMBERS
FROM START-UPS
TO LARGE
CORPORATIONS
~3.0 million TOTAL PATENTS AND APPS
OWNED BY OIN LICENSEES
~1300 >2800 OPEN SOURCE CORE
LINUX TECHNOLOGY
PACKAGES COVERED
GLOBAL PATENTS AND
APPS WITH BROAD
SCOPE
~$100 million SPENT ACQUIRING DEFENSIVE
PATENTS
MEMBERS
OIN PATENT NON-AGGRESSION COMMUNITY
Overview - Cross-Licensing in the Core of Linux/OSS
9
OIN PATENT NON-AGGRESSION COMMUNITY
Global Member Representation
22.3%
36.5%
41.6%
Asia Pacific EMEA Americas
Data is based on OIN’s licensee community, which by design comprises global representation of approximately 3,200 companies from
over 35 countries to reflect the global reach of Linux and Open Source Software since we were established.
OIN PATENT NON-AGGRESSION COMMUNITY
Global Member Representation - China
2015 - 2020 Growth in Greater China OIN Participation Chinese
Company Participation in OSS Projects During the Period
OIN PATENT NON-AGGRESSION COMMUNITY
OIN PATENT NON-AGGRESSION COMMUNITY
Member Representation Sampling
NETWORK/
TELECOMM
INTERNET
SOFTWARE
NETWORKING
AUTOMOTIVE
OIN PATENT NON-AGGRESSION COMMUNITY
Member Representation Sampling
HARDWARE
SEMI-
CONDUCTOR
FINTECH
INDUSTRIALS
ENERGY
OIN PATENT NON-AGGRESSION COMMUNITY
The Bottom Line
Ultimately (i.e., over time), the only companies that do not sign the OIN license
and agree to mitigate patent risk in open source code are those that wish to
reserve the right to sue on patents that read on core Linux and OSS functionality.
OIN Has Established Patent Non-Aggression as a Cultural Norm in Linux/OSS